| 1 | 1 | | 88R5631 JCG-D |
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| 2 | 2 | | By: Parker S.B. No. 378 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement of criminal offenses by district |
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| 8 | 8 | | attorneys, criminal district attorneys, and county attorneys; |
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| 9 | 9 | | providing a civil penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 41, Government Code, is amended by |
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| 12 | 12 | | adding Subchapter G to read as follows: |
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| 13 | 13 | | SUBCHAPTER G. ENFORCEMENT OF CRIMINAL OFFENSES |
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| 14 | 14 | | Sec. 41.371. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Policy" includes a formal, written rule or policy |
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| 16 | 16 | | and an informal, unwritten policy. |
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| 17 | 17 | | (2) "Prosecuting attorney" means a district attorney, |
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| 18 | 18 | | a criminal district attorney, or a county attorney with criminal |
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| 19 | 19 | | jurisdiction. |
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| 20 | 20 | | Sec. 41.372. POLICY ON ENFORCEMENT OF CRIMINAL OFFENSES. |
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| 21 | 21 | | (a) A prosecuting attorney may not: |
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| 22 | 22 | | (1) adopt or enforce a policy under which the |
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| 23 | 23 | | prosecuting attorney prohibits or materially limits the |
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| 24 | 24 | | enforcement of any criminal offense; or |
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| 25 | 25 | | (2) as demonstrated by pattern or practice, prohibit |
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| 26 | 26 | | or materially limit the enforcement of any criminal offense. |
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| 27 | 27 | | (b) In compliance with Subsection (a), a prosecuting |
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| 28 | 28 | | attorney may not prohibit or materially limit a peace officer or |
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| 29 | 29 | | attorney who is employed by or otherwise under the direction or |
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| 30 | 30 | | control of the prosecuting attorney from enforcing any criminal |
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| 31 | 31 | | offense. |
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| 32 | 32 | | Sec. 41.373. INJUNCTIVE RELIEF. (a) The attorney general |
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| 33 | 33 | | may bring an action in a district court in Travis County or in a |
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| 34 | 34 | | county in which the principal office of the prosecuting attorney is |
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| 35 | 35 | | located to enjoin a violation of Section 41.372. |
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| 36 | 36 | | (b) The attorney general may recover reasonable expenses |
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| 37 | 37 | | incurred in obtaining relief under this section, including court |
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| 38 | 38 | | costs, reasonable attorney's fees, investigative costs, witness |
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| 39 | 39 | | fees, and deposition costs. |
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| 40 | 40 | | Sec. 41.374. CIVIL PENALTY. (a) A prosecuting attorney who |
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| 41 | 41 | | a court finds has intentionally violated Section 41.372 is subject |
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| 42 | 42 | | to a civil penalty in an amount equal to: |
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| 43 | 43 | | (1) not less than $1,000 and not more than $1,500 for |
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| 44 | 44 | | the first violation; and |
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| 45 | 45 | | (2) not less than $25,000 and not more than $25,500 for |
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| 46 | 46 | | each subsequent violation. |
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| 47 | 47 | | (b) Each day of a continuing violation of Section 41.372 |
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| 48 | 48 | | constitutes a separate violation for the civil penalty imposed |
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| 49 | 49 | | under this section. |
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| 50 | 50 | | (c) The court that hears an action brought under Section |
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| 51 | 51 | | 41.373 against the prosecuting attorney may determine the amount of |
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| 52 | 52 | | the civil penalty imposed under this section. |
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| 53 | 53 | | (d) The attorney general may sue to collect the penalty |
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| 54 | 54 | | under this section and may recover reasonable expenses incurred in |
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| 55 | 55 | | collecting the penalty, including court costs, reasonable |
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| 56 | 56 | | attorney's fees, investigative costs, witness fees, and deposition |
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| 57 | 57 | | costs. |
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| 58 | 58 | | (e) Sovereign immunity of this state and governmental |
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| 59 | 59 | | immunity of a county to suit is waived and abolished to the extent |
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| 60 | 60 | | of liability created by this section. |
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| 61 | 61 | | Sec. 41.375. REMOVAL FROM OFFICE. (a) For purposes of |
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| 62 | 62 | | Section 66.001, Civil Practice and Remedies Code, a prosecuting |
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| 63 | 63 | | attorney performs an act that causes the forfeiture of the |
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| 64 | 64 | | prosecuting attorney's office if the prosecuting attorney violates |
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| 65 | 65 | | Section 41.372. |
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| 66 | 66 | | (b) The attorney general shall file a petition under Section |
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| 67 | 67 | | 66.002, Civil Practice and Remedies Code, against a prosecuting |
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| 68 | 68 | | attorney to whom Subsection (a) applies if presented with evidence, |
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| 69 | 69 | | including evidence of a statement by the prosecuting attorney, |
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| 70 | 70 | | establishing probable grounds the prosecuting attorney engaged in |
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| 71 | 71 | | conduct described by Subsection (a). The court in which the |
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| 72 | 72 | | petition is filed shall give precedence to proceedings relating to |
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| 73 | 73 | | the petition in the same manner as provided for an election contest |
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| 74 | 74 | | under Section 23.101. |
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| 75 | 75 | | (c) If the prosecuting attorney against whom an information |
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| 76 | 76 | | is filed based on conduct described by Subsection (a) is found |
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| 77 | 77 | | guilty as charged after a jury trial, the court shall enter judgment |
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| 78 | 78 | | removing the person from office. |
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| 79 | 79 | | SECTION 2. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2023. |
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